Rape charges for minor who molested stepsisters

CEBU, Philippines - A case for statutory rape will be filed against the 17-year-old boy who allegedly molested on several occasions his two stepsisters and a girl cousin inside their grandmother’s room in Barangay Pusok, Lapu-Lapu City.

“The two mothers and the grandmother are willing to push through with the complaint,” said Police Officer 1 Lucelyn Estolloso, who is investigating the case.

She said Department of Social Welfare and Development social workers would assess whether or not the suspect acted with “discernment” or if he was conscious of the consequences of his actions.

Republic Act 9344 (Juvenile Justice Welfare Act) sets that a child above 15 years old but below 18 years of age is “exempt from criminal liability” and should instead be subjected to an “intervention program,” unless he acted with discernment in committing a crime.

Having discernment means that a child can figure out the difference between right and wrong and the consequences of the wrongful act during the commission of the crime.

As this developed, it was also learned yesterday that the suspect, a survivor of super typhoon Yolanda’s rampage in eastern Visayas November 2013, did not go through legal custody procedure when he was transported from Tacloban City to Cebu to be with his adoptive parents, whose daughters he was accused of molesting.

“Based on our initial inquiry, the boy was transported without the necessary papers. DSWD did not issue any legal guardianship certificate. The mother of the children who were allegedly raped went to Tacloban. She saw and felt pity for this homeless boy and decided to bring him here in Cebu. The suspect has no relation to the family of the victims,” said DSWD-7 Child Protective Services Unit Chief Emma Patalingjug.

She said that while the Lapu-Lapu City Social Welfare Office is the primary office to process the minors involved, the DSWD regional office can offer technical assistance.

“We can provide the facility after the CICL (child in conflict with the law) is convicted. But as of the moment, we understand that Lapulapu city has the facility for the minors involved,” she said.

Prosecutor Dinah Jane Portugal of the Lapu-Lapu City Hall of Justice received the case’s information at 2 p.m. yesterday.

She said the three children were scheduled to undergo psychological examination at the Vicente Sotto Memorial Medical Center after receiving the results of the VSMMC Pink Room’s physical examination of the victims.

DSWD-7 is working on establishing whether the suspect acted with discernment, especially that he suffered trauma after surviving Yolanda less than two years ago. — Christell Fatima M. Tudtud, Jessa J. Agua/RHM (FREEMAN)